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(영문) 서울중앙지방법원 2016.01.14 2015나8413
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the Parties:

The plaintiff, the defendant and the interesting fire marine insurance company are the insurer of the non-life insurance contract with which each A(B) is the insured.

(b) A was injured while driving a C vehicle on January 21, 201, at the distance of dead forest located in the Heung-gu Sungdong-gu, Cheongju on January 21, 201, while driving the C vehicle on January 21, 201.

(hereinafter “instant accident”). C.

By May 29, 2013, the Plaintiff paid the insurance proceeds of KRW 27,350,500 in total to A.

2. The Plaintiff asserted that the parties concerned seek payment of an amount equivalent to 1/3 of the above insurance money against the Defendant. On the other hand, the Defendant alleged that the Plaintiff paid the insurance money by recognizing the business suspension damage after the period of outpatient treatment and the maximum working age during the period of outpatient treatment. Therefore, the Plaintiff’s claim

3. The standard terms and conditions of automobile insurance at the time of the instant accident, comprehensively taking account of the overall purport of the arguments, set forth as follows: “the amount calculated according to the standard for payment of insurance money - deducted amount”; the standard for the payment of insurance money of the above standard terms and conditions, providing that the amount of lost profits shall be calculated by applying daily employed workers’ wages for 36 months for those aged between 59 and 67 years; A shall be hospitalized for 86 days in the instant accident; A shall be hospitalized for 648 days in the instant accident; the Plaintiff shall be admitted as 203 days in the instant accident; and there is no counter-proof evidence otherwise; according to the above recognition, the Plaintiff’s payment of insurance money to A shall be valid as it is in accordance with the standard terms and conditions of automobile insurance at the time of the instant accident, for those aged 59 and under 67 years in the instant accident.

As such, the defendant is entitled to KRW 9,123,50 (=27,350,500 insurance money paid by the plaintiff / insurer number 3) and this amount.

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